Hon'ble Rajeev Singh,J.
Heard learned counsel for the petitioners and learned A.G.A. for the State through Video Conferencing.
The F.I.R. impugned herein is registered as case crime no. 0366 of 2020, under Sections 307 and 506 I.P.C., police station Kandhai, district Pratapgarh.
It is submitted that the F.I.R. was initially registered under Sections 307 and 506 I.P.C. It is further submitted that the investigating officer on conclusion of the investigation had forwarded the charge-sheet under Sections 323, 504 and 506 I.P.C. The supervisory authority feeling dissatisfied with the investigation has ordered for further investigation and it is during the course of further investigation that the offence under Section 307 I.P.C. has come to be added. Learned counsel for the petitioner has also submitted that the impugned F.I.R. is motivated and has been lodged with oblique motive.
Learned A.G.A. on the contrary has submitted that the F.I.R. lodged against the petitioners as well as the material traced during the course of the investigation do make out a cognizable offence. Hence, interference under Article 226 of the Constitution of India is uncalled for as per the settled view of the Hon'ble Supreme Court in the case of State of Harayana and others versus Bhajan Lal and other, AIR 1992 SC 604; State of Bihar and another versus Md. Khalique and another, 2002(1) SCC 652 and Girish Kumar Suneja versus Central Bureau of Investigation(2017) 14 SCC 809.
Submissions putforth by learned counsel for the petitioners in the light of the facts stated above are unconvincing. Hence, we decline to entertain the present writ petition for the relief sought herein.
The writ petition is dismissed without prejudice to the remedy of anticipatory bail under Section 438 Cr.p.c. available to the petitioners.
Order Date :- 12.4.2021 kanhaiya